N.Y. CPLR § 2510

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 2510 Discharge of surety on the undertaking of a fiduciary § 2510. Discharge of surety on the undertaking of a fiduciary. (a)Motion; new undertaking; accounting. Surety on the undertaking of anyfiduciary may move with notice to the person upon whose behalf theundertaking was given, to be discharged from liability for any act oromission of such fiduciary subsequent to the order of the court or thetime when a new undertaking satisfactory to the court is filed. Thecourt may restrain such fiduciary from acting pending the orderdischarging such surety from liability. Upon the hearing, the courtshall order the fiduciary to give a new undertaking and to account,within such time as the court orders but not exceeding twenty days, forall his acts. If a new undertaking is filed the fiduciary shall accountfor his acts up to and including the date of such filing. Where thefiduciary does not comply with the order to account, the surety may makeand file such account with the same effect as though filed by thefiduciary, and may utilize any disclosure device in obtaininginformation necessary for such an accounting. The court shall make suchprovisions with respect to commissions, allowances, disbursements andcosts as it deems just.(b) Settlement of account. When such account has been filed, thecourt, upon sufficient notice, shall order all persons interested in theproceedings to attend a settlement of the account at a time and placespecified, and such settlement shall be made and the rights andliabilities of all parties to the proceeding shall be determined andenforced. After settlement of the account, the court shall make an orderrelieving the surety from any act or omission of the fiduciarysubsequent to the date of such order or the time when a new undertakingsatisfactory to the account, the court shall make an orderrelieving the surety from any act or omission of the fiduciarysubsequent to the date of such order or the time when a new undertakingsatisfactory to the court was filed, whichever is earlier. Upon writtendemand by the fiduciary, the surety shall return any compensation paidfor the unexpired portion of such suretyship.